Tamil Nadu

South Chennai

CC/452/2014

M/s.Sameena Chatrapathy, - Complainant(s)

Versus

M/s.Air India - Opp.Party(s)

M/s.Hari Radhakrishnan

12 Oct 2022

ORDER

Date of Complaint Filed : 25.08.2014

Date of Reservation      : 17.09.2022

Date of Order               : 12.10.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                            : PRESIDENT

                       THIRU. T.R. SIVAKUMHAR, B.A., B.L.,           :  MEMBER  I 

                       THIRU. S. NANDAGOPALAN., B.Sc., MBA.,    : MEMBER II

 

CONSUMER COMPLAINT No. 452/2014

WEDNESDAY, THE 12^th DAY OF OCTOBER 2022

1.Ms. Sameena Chatrapathy,

   D/o Mr. P.S Chatrapathy,

   2F, Roselyn Apartments,

   22/2, Barnaby Road,

   Kilpauk,

   Chennai – 600 010.

 

2.Ms. Shreya Deora,

   D/o of Ashok Deora,

   I-29, anna Nagar East,

   1^st Main Road,

   Chennai – 600 102.                                                       …Complainants

 

-Vs-

Air India,

Represented by its Manager,

No.19, Rukmini Lakshmipathi Salai(Marshalls Road),

Egmore,

Chennai – 600 008.                                                        ...  Opposite Party

 

******

Counsel for the Complainants          : M/s. Hari Radhakrishnan

Counsel for the Opposite Party        : N.G.R Prasad

 

        On perusal of records and after hearing the arguments of the Opposite Party, we delivered the following:

 

 

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.      The Complainants have filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to direct the Opposite Party to pay the cost of the tickets of Rs.21,200/- and Rs.18,800/-, the expenses incurred for making alternative travel arrangement and to pay a sum of Rs.58,500/- towards lost of a day’s earning and to pay compensation of Rs.3,00,000/- towards mental agony and harassment during the said journey which caused deficiency in service along with cost of this complaint.

2.     The averments of Complaint in brief are as follows:-

 

The Complainants had booked two tickets for travel from Chennai to Bangalore in Air India Flight AI-263 which was scheduled to depart at 6:00 hours on 02.06.2014. The Complainant had paid a amount of Rs.21,200/- towards airfare and were allotted PNR bearing No.Y6DEM. The fact that the said flight was scheduled to depart Chennai from International Terminal and the passengers had to report two hours prior to departure time was not intimated to the Complainants.  The tickets issued to the Complainants also did not mention the fact. The Complainants were informed about the fact through SMS that was sent at around 12 a.m on 02.06.2014 by the Opposite Party. The Complainants had an important meeting with their clients at 9.00 a.m on 02.06.2014 and that was the only early morning flight that would enable them to make it to the meeting which was at a distance two hours from the Bangalore air port. The Complainants were checked in by the Opposite Party and boarding passes were given. After crossing the 1^st security check the Complainants realised that the Opposite Party were issued both the Boarding passes in the name of Sherya Deora with the same ticket Number and seat number. As the Complainant passed the security check they were not in a position to go back to the check in counter. When the Complainants boarded the flight, they informed the in-flight steward about the issue, who informed that there was nothing to worry and asked the Complainants to take their seats allotted to them. When the Complainants arrived at the International Terminal of the Bangalore Airport the 1^st Complainant was detained by the Airport staff, after explaining the whole back ground she was permitted to pass through. However the Immigration officials did not allow the Complainant to proceed the Complainant were detained until the Air India staff produced the necessary clarification as desired by the Immigration officials. After much delay the duty manager, Air India at the Bangalore International Airport produced a letter dated 02.06.2014. As the Complainant was detained for nearly two hours at the Bangalore International airport because of the wrong boarding passes issued, the Complainants could not attend client meeting which was scheduled at 9.00 a.m on 02.06.2014. Further submitted that not only did the Complainants undergo an ordeal  due to the deficiency in service of the Opposite party but also suffered substantial financial losses due to the failed client meeting. Hence the complaint.

3.    Written Version filed by the Opposite Parties in brief are as follows:-

        The Opposite Party was not aware of the purpose for which the Complainants travelled to Bangalore and when the Complainants have returned to Chennai. The Complainants obtained the boarding passes at the Opposite Party Counter in the Airport at 4.55 am on 2.6.2014 for their flight leaving Chennai at 6 am. Therefore the contention of the Complainant that they were asked to report at the airport two hours prior to the departure time is not correct. On the ticket produced by the Complainant the following information is printed.

"Check-in starts 2 hours before scheduled departure and closes 45 minutes prior to the departure time."

       The Complainants had booked two tickets for their travel from Chennai to Bangalore by Al 263 on 2.6.2014. The same flight operates as A1263 from Bangalore to Maldieves. The Complainant had done the web-check in from their house/office itself. They were assigned seat No. 10 A and 10 B. When they came to the Airport at 4.55 am, they took two boarding cards. But unfortunately by oversight, two boarding cards was printed in the name of the 2^nd Complainant itself. The Complainants in their Complaint admitted that they noticed the mistake immediately after crossing the security check. If they had shown it to the Traffic staff of the Opposite Party, they would have immediately corrected it. But they did not do so. When the Traffic Staff noticed the mistake and wanted to correct it, they did not allow them to do it. Therefore there was really no deficiency on the part of the Opposite Party. The domestic passengers who travelled by the international flight are not subjected to immigration check at all. They have to just show the domestic boarding pass and go out.  When the Complainants arrived at Bangalore Airport, since they are only domestic passenger and they hold the Boarding pass printed with the letter "D", there was no necessity for them to go to the immigration counter at all, because that is only meant for passengers who are transiting to the international destination. The Complainants has to just show their boarding pass with the letter "D" and go out. The Complainants instead of showing the domestic boarding card and coming out, they went to the immigration authorities which according to them, took some time that was wholly unnecessary. When the two Complainants were having two boarding cards in the same name instead of two names, the immigration officers requested the Opposite Party officials to clarify, which was done immediately and the Complainants left the place in no time. Therefore the Complainants allegation that it took more than two hours for them to go out of the Airport is highly exaggerated and not correct.  For the alleged incident on 02.06.2014, the Complainants sent an email on 07.06.2014 she merely said that she is sending the email only to bringing it to the notice of the Opposite Party in order to correct the mistake. After receiving the reply mail from this Opposite Party, as an afterthought the Complainant sent an e-mail dated 11.06.2014 claiming Rs. 40,000/-. Now in the Complaint they claimed Rs. 21,200/- towards costs, Rs. 18,800/- towards alleged expenses, Rs. 58,500/- towards alleged loss of day’s earnings and Rs. 3,00,000/- towards compensation. The claim of the Complainant is baseless, untenable, exaggerated and highly speculative. Hence prayed to dismiss the complaint.

4.      The Complainants submitted their Proof Affidavit and Written Arguments. On the side of the Complainant, documents were marked as Ex.A-1 to Ex.A-6. The Opposite Party submitted its Proof Affidavit and Written Arguments. On the side of the Opposite Party documents were marked as Ex.B-1 to Ex.B-5.

 

Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled?

Point No.1

       The undisputed facts are that the Complainants had booked two tickets for travel in Air India flight AI -263 from Chennai to Bangalore  on payment of Rs.21,200/- to the Opposite Party which was scheduled to depart on 6.00 hrs on 02.06.2014 from the International Terminal. The dispute arose when the Opposite Party had issued 2 boarding passes bearing the name of Ms.Shreya Deora with the same ticket number and seat number, which had caused inconveniences and hardship at the International Terminal of the Bangalore Airport, due to the error committed by the Opposite Party in issuing the boarding passes to the Complainants.

The contention of the Complainant was that the Opposite Party did not inform that the flight was scheduled to depart at the International Terminal and they should report 2 hours prior to departure was not informed by the Opposite Party. Further contended that the they realized that both the boarding passes were issued in the name of Ms.Shreya Deora after passing through the check in counter. When they boarded the flight they had informed the in-flight steward about the issue and asked to inform the necessary authorities at Bangalore International Terminal to avoid any issue on arrival. The Complainants were given seat number 10A and 10B. On arrival at the International Terminal of Bangalore Airport, the 1^st Complainant was detained and was asked to produce boarding pass in her name, for which explanation was given. Again they were stopped by the immigration officials and after submitting letter by Air India to the Immigration Officials the Complainants were allowed to proceed.  Further contended that they were detained for nearly 2 hours at the Bangalore International Airport, due to which they were unable to attend a scheduled meeting, causing loss of reputation to her firm.

       The Opposite Party contended that the Complainants had obtained boarding pass in the Airport on 02.06.2014 at 4.55 am for their flight leaving Chennai at 6.00 a.m. The Complainants had done web check in and were assigned seat Nos.10 A and 10 B. The names of both the Complainants are found in the Passenger Manifest of AI 263 dated 02.06.2014 at Sl.No.6 and 8. By oversight two boarding passes were printed in the name of the 2^nd Complainant. When the Complainants noticed the mistake nothing prevented them from bringing it to the notice of the Opposite Party staff. When the Opposite Party wanted to correct their mistake the Complainants did not allow them to do so. Further the domestic passengers who travel by international flight are not subjected to immigration check at all. The issue at the Bangalore Airport was clarified by the Duty Manager of the Opposite Party. The exaggerated delay of 2 hours at Bangalore Airport was denied by the Opposite Party.

        As per Ex.A-1, the details that Check-in starts 2 hours prior to departure and closes 45 minutes prior to departure is available. Even according to the Complainants the facts that the flight to be boarded by them was an international flight and the check in timings were informed through a SMS but sent at 12.a.m of 02.06.2014. Though the Opposite Party had wrongly issued 2 boarding passes in the name of the 2^nd Complainant, without mentioning the name of the 1^st Complainant, they were allowed to board the flight and travelled to Bangalore as planned. In the Boarding pass, Ex.A-2, the letter “D” is printed in big bold font to show that they are domestic passengers. Even assuming that the Complainants had no knowledge that they need not go to immigration check, the Duty Manager had clarified the Immigration Official that the Complainants were given the same boarding pass and had regretted for the inconvenience caused and allowed the Complainants to leave the Bangalore Airport.  Subsequently  from Ex.B-1, it is seen that an oral enquiry was conducted and found that the counter staff had erroneously issued same boarding pass bearing the name Shreya Deora with seat No.10 B to 2 passengers and it was alleged that the Complainants did not allow to make correction in the boarding pass. As the Complainants name were in the passenger manifest as found in Ex.A-5, the Complainants were allowed to travel.

       It is true that inadvertently an error has occurred in the issuance of boarding passes causing inconvenience to the Complainants. However the Complainants were allowed to travel in the same flight as scheduled and the Opposite Party had issued necessary letter to the Immigration Official to resolve the issue faced by the Complainants and that there is no deficiency of service committed by the Opposite Party. In view of the above discussions, we hold that the Opposite Party had not committed any deficiency of service as alleged by the Complainant. Accordingly Point No.1 is answered.

Point Nos.2 and 3:-

As discussed and decided point no.1 as against the Complainants, the Complainants are not entitled for any relief claimed in the Complaint and/or for any other relief/s. Accordingly, Point Nos. 2 and 3 are answered.

In the result the complaint is dismissed. No cost.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 12^th of October 2022. 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	26.05.2014	E-ticket issued to the Complainants through the website www.makemytrip.com
Ex.A2	02.06.2014	Boarding passes issued to the Complainants showing the name of “Shreya Deora”
Ex.A3	02.06.2014	Clarification letter issued by the OppositeParty to the Customs and Immigration Authorities
Ex.A4	17.06.2014	E-mail to the Opposite Party by the Complainants
Ex.A5	11.06.2014	E-mail to the Opposite Party by the Complainants
Ex.A6	17.06.2014	E-mail by the Opposite Party to the Complainants

 

List of documents filed on the side of the Opposite Party:-

 

Ex.B1	02.06.2014	Report of the Duty Manager, Chennai
Ex.B2	02.06.2014	Report of the Duty Manager, Bangalore
Ex.B3	-	1st Complainants check in history
Ex.B4	-	2nd Complainants check in history
Ex.B5	02.06.2014	Passenger Manifest of AI 263

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                   B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT